Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-08-17

A. ~ ~ ~ ~ -
THE INTERSTATE LAW.
Chairman Cooley ON its Scope.
THE COMMISSIONS POWERS TO AFFORD RELIEF AND
HOW COMPLAINTS SHOULD BE MADE.
Following is letter addressed by Chairman
Cooley, OF the Interstate Commerce Commission,
to a merchant who had complained OF q railroad
rate:
ANN ARBoR, August Is, 1887.
DEAR SIR: A communication from you complain
ing OF a rate which has been imposed on merchan-
disc transported by railroad for you, has been for
warded to me from Washington for answer. In
you suppose the Commission to have. much greater
powers than Its members understand the law has
conferred upon 1t; and 1t is to correct this impress
otherwise be important. 1t is not, as we have
found, an uncommon supposition among business
men that the Commission CO a has been given gen, gen
by prompt action. with or without complaint OF
the rates being made; and it is sometimes criti-
ctsed for not doing more in this direction.
If one were to consider for a moment the vast
extent of our country and Of its railroad system.
immensely greater than that OF any other nation
on the globe, and were at the same time to bear In
mind how common is the fault finding with rail-
road charges, he might then have some little idea
what would d pc involved IN any attempt thus to to
thought wrong; but he would be more forcfbly I'M
pressed With the impossibilty OF any OF hand cor
recton OF railroad abuses II he were In the way OF
seeing and noting the grounds Of the complaints
which are actually sent in for the commissions
action. In single day within the present week
complaining letters were received from California,
Utah, New York city, North Carolina, and Arkan-
sas, as well as from points nearer home, and
In Mas ease sns
that the Commission was charged with duty to
proceed Immediately and ascertain as best 1t
might by local investigation whether the rate
cOmDl31n60 OF was 1uStsOr unjust. and that he on
his part had done all that was required of him
when he had brought the matter to the Commits
sfOn's attention. In very many of these cases
the communications sent in do not contain any
such statement Of the facts to enable the Com
MISSION N TO- 10 lorm an GPni9n s% whether the
to proceed at once to make an investigation 1t
must then do so without prima tacfe cause for it
having been shown. In some instances the COM
mun1cation is not even a complaint; the writer
only expressing his belief or his suspicion
that there is wrong of some kind which ought to
be corrected, and taking 1t for granted that such
an expression will be sufficient to demand the
Commissions action. In one communication re-
CATION be entered upon in distant part OF the
country, where railroad classification and rates
were supposed to be pre1udicial to the public In
terest though the writer frankly stated that he
could not himself Indicate any particular thing as
wrong, and that he knew of no one who was COM
planning. AS any one may send such a communi-
cation, and in most cases the writer's will be en-
tirely unknown to the Commission it cannot al
ways be known even that it is sent in good faith,
much less that 1t is probably made on good
grounds.
In many Of the cases thus brought to our atten-
ton 1t Is evidently expected that we will not only
correct the course OF the roads for the future but
also order refundtng OF over-charges. To man
OF your large business experience 1t will readily
occur, on reflection, that Congress would not be
likely to pass q law giving such summary and au-
tocratic powers. To look no further for reasons
against It, ample might be found in the fact that
spond to calls which any one in any part OF the
country might make at pleasure and without re-
sponsibility, it must soon, from mere accumula-
tive work, and thus the law itself be-
come unworkable. The Commission perceived
das at the
complaints be verified in proof of genuineness and
good faith and that they recite suf1icient OF the
which would fairly justify the railroad company
being called upon toanswer. When these require
ments have been brought to the attention Of those
large proportion OF them are not heard from fur
ther Sometimes we have reason to believe this is
because they have discovered they were mistaken
in the facts, and sometimes because they have
learned the law is not what they supposed, while
in some cases the grounds OF complaint were Of
such trtf1ing Importance that when 1t was found
the case could not be passed upon summar1ly and
parte the persons finding fault did not think it
worth while to make formal complaint. But not
withstanding this, suf1ictent number Of COM
plants have been duly and responsibly made to
keep the Commission fully occupied; and II it had
attempted to consider everything that was sent
reasons for its Intervention, 1t would probably
have accomplished far less than 1t has, because
attention would have been withdrawn from sub
stanttal and bona ttde charges to those which
were not shown to be such, and which, in many
cases. there Is reason to believe would have turned
out to be mistakenly or 1nconsiderately made.
This would have been worse than a mere wasting
OF time; 1t would have rendered impossible much
that, as the commission believes has so far been
plants as by their showing fairly challenged its
attention. the commission has been able to secure
q correction OF many faults and wrongs, some
times as result OF public investigation, but more
often through such representations to the parties
complained of as convinced them OF the advisa-
aility OF giving redress without awaiting adverse
proceedings.
BUT another reason why Congress would not
have given such summary powers is, that 1t Is
which will change either wholly or in part the ap-
pearanc OF the rma Jdcie case SO as to excuse or
palliate the supposed wrong. The opportunity to
make this may be as important in cases that at
first blush seem plain as In any other, and partic-
ularly in cases where rates depend upon classif-
man complains that his property is put in class
above that in which 1t should be found, and that
the charges upon 1t are thereby un1ustly increased
It may seem, Is his case taken up by itself, that
he is quite right. But on questions OF classif1ca-
tiOn there are commonly three more parties in
terested the railroad road, company perhaps least OF
tcie of merchandise almost necessarily prejudices
any other that to any extent is competitive; SO
that 1t is unsafe to answer without careful invest
CATION that any proposed change will have injur-
Gus results to one unless it be the roads them
selves.
have made this statement that you might fully
understand the necessity the Commission is under
of requiring that complaints intended for its action
be made responsbly, and with suficient fullness,
80 that the statements fairly put the railroad on
It's defense. The Commission cannot assume from
mere statement of what has been paid for trans
portatiOn that the amount is excessive. 1t may
seem to be 60 and yet an explanation which makes
it reasonable be possible. At any rate to make an
explanation is as much a matter Of right in these
cases aS to make defense when sued at law.
It is the desire OF the Commission that COM
plants be made In the form OF petition, but they
may be perfectly simple and without technicality
II the petition states the facts. making out ap-
parent case OF wrong which the Commission has
Jurisdiction to redress 1t will be sufficient.
II after this statement OF our course OF procedure
you desire to make complaint for the action OF the
Commission, the rules which are herewith sent you
will be sufficient guide, and on the receipt Of
| your petition it will have immediate attention.
But the facts should be stated more fully than
they were given In your letter. which, you Will re-
member, was very meager in statement.
Very respectfully yours, T. NJ. COOLEY.
Queen victOFia's Reply.
eup THANKS THE pRRsYDENT FoR prs uuRrr rr rrrr